Pros And Cons Of The Death Penalty

In this paper I will be discussing everything you need to know about the death penalty such as its pros and cons. While the innocent can be killed, the death penalty has its pros because it prevents them from killing again if they are released or have escaped from prison, it helps overpopulated prisons, and it can help victims’ families get justice and closure. Not only can the innocent be killed, but in the past the death penalty was very inhumane. To some its feels right but to others they feel like 2 wrongs don’t make a right. Most people think that the defendant deserves the death penalty, but what does the defendants’ family think?

In 1971 one of the key cases in United Sates History and also the state of Georgia was Furman v. Georgia. Furman was an African American male that broke in to a home to steal another citizens items. During the robbery the victim woke up and scared Furman. While Furman was fleeing the seen the owner gave him chase, and Furman accidentally drop his handgun and it went off killing the victim. When Furman was arrested he was told that if found guilty, he could be facing the death penalty. Furman appealed the execution to the Supreme Court, and argued that under the 14th amendment he would not be allowed pursuit of happiness, and liberty the American way. The Supreme Court heard his case and overturned the

Death penalty, or also known as capital punishment, today is still used. Many oppose many support it. In the case Furman v. Georgia, the death penalty was abolished. But not fully, because it is still used today. In 1991 more than 2,600 people awaited execution but only fourteen were executed. Capital punishment should be legal, and should be used more often.

The death penalty is still in use in the united states. The state with the most executions is in Texas with a total of 545 from 2017 to the year 1976 (Number of Executions, 2017). The death penalty is a very big debate. There are many reasons why and why people do and don’t like the death penalty.

Some of the biggest opposers to capital punishment claim that it is unconstitutional and that is doesn’t comply with the “nor cruel and unusual punishments inflicted.” part of the 8th amendment. The fact that the United States is the only G7 nation that still practices capital punishment, that would fall under the “unusual” section of the 8th amendment. Also, the words of the 14th amendment state that “nor deny to any person within its jurisdiction the equal protection of the laws.”, in the court case Furman v. Georgia this was shown not to be the case. Furman was sentenced to the capital punishment, but he appealed it. Anthony G. Amsterdam who was assisting with the appeal claimed that Georgia’s death penalty violated the constitution by

The 1972 case of Furman v Georgia was seen as a complete victory for abolitionists at the time, but proved to be more complicated than it appeared. It said that the death penalty, as it was administered, violated the Eighth Amendments because it was cruel and unusual punishment and violated the Fourteenth Amendment because it did not guarantee equal protection under the law (Costanzo:18). The

The Gregg vs Georgia (1976) case study is important because the state of Georgia was in the U.S. Supreme Court’s decision that capital punishment (the death penalty) was constitutional so long as the procedures involved in its execution did not oppose the Eighth Amendment to the Constitution. U.S. Supreme Court’s ruling in Gregg vs Georgia which involved a prosecution for a double murder committed in the development of a robbery. The ruling was rejected the legal argument that capital punishment in and of itself establish “cruel and unusual punishment” and thus disregard the Eighth Amendment of the Constitution.

As stated by the Merriam-Webster Dictionary, capital punishment is defined as “the practice of killing someone as punishment for serious crimes.” such as murder or treason. The Furman V. Georgia case was the reason some states reinstated the death penalty. It consists of three black men committing gruesome crimes, two being rape and one being murder in Georgia and Texas. Currently, there is thirty-one states that have legalized the death penalty and nineteen that have abolished it. Five hundred forty death row inmates have been executed in Texas since 1974 post- Furman v. Georgia, leading our nation as the number one state with the most executions performed.

The death penalty has been battered backwards and forwards by the questions of abolishment and replacement, with mixed results. There seems to a jagged line in the sand on where people stand, and due to the continuous use today (albeit at a slower clip than in the past), it is still very much a prevalent topic of punishment. Those who argue for it believe that taking it away will take away a great deterrent, that families find peace, and that those who commit egregious crimes deserve only death. Anything less “would fail to do justice because the penalty – presumably a long period in prison – would be grossly disproportionate to the heinousness of the crime” (“Top 10 Pro & Con Arguments,” 2016). Those who don’t believe in this punishment as a modern-day, useful tool of deterrence and punishment for crime, continuously counter these arguments, as well as any others, daily at every turn. Though many states have made it illegal, others placing moratoriums or refusals to use it, the death penalty can still be found active today. But why can’t it be replaced with life without parole, and it if can why should it?

The death penalty, also referred to as capital punishment, is when a criminal is sentenced to death for their offense. Capital offenses, crimes for which the death penalty can be used, include treason, espionage, and murder. Texas is the state that uses the death penalty most frequently. In the 1932 court case, Powell v. Alabama, it was ruled that counsel must be provided to the defendant if the defendant is indigent and facing the death penalty. In the 1972 Supreme Court case, Furman v. Georgia, the court under Chief Justice Warren E. Burger ruled that capital punishment was unconstitutional and violated the 8th amendment’s ban against cruel and unusual punishment unless a uniform application of the death penalty could be implemented. They believed that the use of the death penalty at that time was often discriminatory and haphazard. As a result of the courts decision, capital punishment was ruled illegal in 1976; however, In Gregg v. Georgia the court ruled that the death penalty was allowed but only if sentencing was delivered at the time of the trial and that the jury had heard and analyzed all evidence in a respectful and unbiased manner. Methods of execution condoned for use for capital punishment

Capital punishment, or the death penalty, is a constitutionally acceptable form of criminal punishment, but its use has created serious controversy in the United States. The use of the death penalty has changed throughout history. At one point, capital punishment was the automatic conviction for murder and other high felonies. Standards were later created in 1972 to lessen arbitrary imposition of the death penalty by Furman v. Georgia. In 1977, Coker v. Georgia established that the death penalty is not a proportionate punishment to rape, and in 2005, Roper v. Simmons made it illegal to sentence those who were under eighteen when a crime occurred to capital punishment. Some states have abolished the death penalty, whereas others allow it, but the

In Kellow Chesney's book The Victorian Underworld illustrates that the Victorians tried to use the death penalty as a means of controlling criminal elements in forms of hangings, lethal injection,Electrocution, and firing squads in order to prevent crime( the victorian underworld). in Victorian times, the death penalty was used as a means of controlling. There should be abolishment of this because of the countless innocent men and women being put to death for the stated purpose of preventing crime out of fear. So There should not be a death penalty because it violates human rights, it does not deter crime, and is a cruel and unusual punishment.

The authors describe the history of the death penalty statues in the United States and how

Capital punishment throughout history has had many faces in our society. In the early twentieth century capital punishment was viewed as an integral part of the criminal justice system. In the United States alone approximately thirteen thousand people have been legally executed sine the colonial times (ACLU, 2003). By the 1930's up to 150 people were executed yearly, because of various legal challenges the execution rate was almost zero by 1967. In 1972, the U.S. Supreme Court banned the practice of capital punishment, citing the death penalty as it was practiced, cruel and unusual punishment arbitrarily administered by the courts and thus unconstitutional in Furman v. Georgia (Costanzo, 18). In 1976, in Gregg v. Georgia, the Supreme

The death penalty is an extremely controversial topic. The death penalty should be in use for every state. Ever since America became a nation, Americans have argued about it. There are many people who agree and disagree over the use of it. The government is deemed to punish criminals, but the main question is to what extent. Capital punishment, such as the death penalty, should be used as a deterrent for crime. The death penalty is mostly institutionalized in the Southern and Midwestern states; Texas has instituted it the most. While there are many ways for one to find oneself on death row, homicide is the most common of these. Treason and kidnapping are also prevalent examples of crimes that could land one on death row. The punishment for a criminal depends upon the complexity, and seriousness of the crime. If one were to commit a crime of that extremity, one should have a penalty that is equivalent to ones crime. “In ancient history, criminals were brought to an arena to be killed in public games.” Also, being nailed to a cross, beheading and hanging were other penalties for the serious crimes committed. These are all different ways of carrying out the death penalty, but they are ‘out-dated’. One never sees the death penalty used the way they were in ancient times anymore. “Executions were once public events of high drama.” In the colonial times executions were considered to be celebrations for the community by uniting the good people against the face of evil. Hangings